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View Full Version : Custody/visitation of a non-biological child


beppomarx
Nov 11, 2009, 09:38 PM
Without getting too far into it, my ex has a son who I have raised ever since he was conceived and I am the only daddy he has ever known. We recently had a daughter who is biologically mine and in the few months that she has been born, my ex has found and married a new guy. I was never married to her by the way. We have agreed to terms on our daughter but she has completely cut me out of our sons life. The non-biological son is 4 years old and I even hear him on the phone asking about me but she will not allow me to even speak to him. Can I somehow get the son's biological father to sign rights over to me? He would do such a thing I am sure but is that even possible? My lawyer doesn't think so but there has to be a way for me to still see our son, somehow. The biological father lives out of state and has no job, support is just backing up. There has to be some way in the interest of the child that I can have visitation or obtain custody from the father willingly. I mean all I had to do was sign the birth certificate when he was born but I do not feel that I have the right to take someone else's rights like that which is why I didn't. However he would almost certainly sign rights over to me but I need to know how. My kis are my life I cannot just settle on one of them.

stevetcg
Nov 12, 2009, 08:16 AM
First, let me say that its pretty low of your ex.

Some states have provisions that allow for unrelated but linked parties (such as yourself) to file for visitation, but not many since you are not married and not related to the child. The fact that you acted as father and are the father of his half sister help your case.

It will be neither easy nor cheap, I am afraid. It is highly unusual for a non-biological to get visitation, if its even allowed in your state.

As for the bio-dad signing over rights to you... I'm afraid not without the consent and probably being married to the mother.

I would start interviewing lawyers and find one up for a challenge... because I'm afraid that is the only way. Best of luck. I feel for you.

beppomarx
Nov 12, 2009, 09:21 PM
My lawyer is one of the best if not the best in the area, and she says this is unlikely, as you have pointed out. Unfortunately this has to be dealt with on a personal level, not a legal level. However if anyone has any legal suggestions feel free to chime in. Advice is always appreciated. Thanks.